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House Weakens Dolphin Protection

(05/21/1997) - Washington, D.C. - The House of Representatives today passed
legislation that would render the popular "dolphin-safe" label on tuna cans
virtually meaningless, according to Defenders of Wildlife and more than 80 other
environmental, consumer and trade groups that oppose the bill.

Some call H. R. 408 the "dolphin-death" bill because it changes
the law to allow tuna caught by dolphin-harmful methods to be sold in the United
States under the "dolphin-safe" label. The strong grassroots opposition to the
bill could not, however, overcome the support of Mexico and the White House for
the legislation. H. R. 408 would have the effect of lifting tuna embargoes on
Mexico, Colombia, and other nations.

Introduced by Rep. Wayne Gilchrest (R-MD), H.R. 408 changes the
definition of the "dolphin-safe" label under the Marine Mammal Protection Act to
include tuna that was caught by methods that intentionally harass dolphins,
chase them with speedboats, and encircle them with mile-long nets in order to
catch the tuna swimming below them - as long as no observed dolphin deaths
occur.

Defenders of Wildlife President Rodger Schlickeisen said after
the vote that, "This bill completely ignores the potentially harmful stresses
placed on dolphins during the hours-long chasing and encircling procedure and
the deaths that will ensue whether `observed' or not." He added, "It's tragic
that the House of Representatives has rejected a program created in 1988 and
1992 in response to overwhelming support from the American public. This vote
flies in the face of common sense - that a `dolphin- safe' label is meant to
reassure consumers that the safety of dolphins was in no way jeopardized to
capture the tuna they are purchasing. This bill not only endangers dolphins, but
cheats the American consumer. What's worse, it does so to placate corporate
trade interests."

The impetus for the legislation was the implementation of an
international agreement on fishing in the Eastern Tropical Pacific known as the
Declaration of Panama. The agreement was signed in October 1995 by the United
States, Mexico, and nine other countries. The Gilchrest bill was written in
response to Mexican demands that the United States change its tuna-dolphin
policy after an international trade tribunal ruled that current U.S. law is
inconsistent with General Agreement on Tariffs and Trade (GATT), now the World
Trade Organization (WTO) standards. Only after Congress changes U.S. law to meet
the other signatories' trade demands will the countries allegedly meet again to
formalize the agreement.

Bill Snape, Defenders' Legal Director, said today, "The House
has unfortunately decided to weaken an important environmental standard in the
name of corporate trade. However, we expect that this legislation will meet
significant opposition in the Senate and that the American public will be
outraged when they learn more about how the House betrayed them today."

Defenders and its coalition have supported a bipartisan
approach sponsored by Rep. George Miller (D-CA) that would retain the present
dolphin-safe standard but would change the current law's trade provisions to
create an incentive for responsible Mexican fishers to practice dolphin- safe
methods and export their tuna into the United States. This approach is
consistent with both the North American Free Trade Agreement (NAFTA) and the
GATT/WTO requirements, according to Defenders' legal analysis. A companion bill
to H.R. 408, the bill passed today, was introduced in the Senate by John Breaux
(D-LA) and Ted Stevens (R-AK). The Senate version, S.39, will likely be marked
up in the Senate Commerce Committee in June. Floor action in the Senate is
uncertain because of filibuster threats by a number of senators on both sides of
the aisle.

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Contact(s):

Cat Lazaroff, (202) 772-3270

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